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TMI Blog2016 (1) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ld. CIT(A) in determining the ALV of the property as fixed by the Municipal authorities. 3. The Ld. Counsel for the assessee at the very outset submits that the issue in both these appeals has been decided in favour of the assessee for assessment years 2006-07 and 2007-08 by the Coordinate Bench of this Tribunal in assessee's own case in ITA Nos. 2719 & 2718/M/2013 dated 26.11.2015. 4. However, the Ld. Departmental Representative, referring to para-8 of the Tribunal's order submits that the findings of the Tribunal that "in the assessment order the AO has not referred to any material that annual rental value shown by the assessee is not correct" are not applicable to the assessment year under appeal. According to the Ld. DR, since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2013 and 2718/M/13 in assesee's own case that this issue has been decided in assessee's favour holding as under: "Apart from the aforesaid contention, he submitted that on merits also, the issue of ALV of vacant flats u/s 23(1)(a) in the same very complex stands covered in favour of the assessee by series of decisions of the Tribunal in the Group/family concerns of the assessee, wherein the Hon'ble Tribunal upheld that the ALV on the vacant flat can be determined at a municipal ratable value. Not only that, now the determination of ALV as per the Municipal ratable value has been principally upheld by the Hon'ble jurisdictional High Court in the case of Tip Top Typography, reported in [2014] 368 ITR 330. On the other hand, Ld. DR on bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt premises. As pointed out by ld. counsel Tribunal in series of decisions in Group cases the Tribunal on similar facts and for similar complex has held that, where the flat has been lying vacant then the ALV u/s 23(1)(a) can be valued at Municipal ratable value. The lists of such cases are as under:- Sr. No. Name of Assessee Relation with Assessee AY ITA No ITAT Mumbai Date of Order Particulars of Property Whether Vacant or not Remark 1 Harsh Jain Nephew 2009-10 2710 of 2013 17.7.15 Central Garden Complex Vacant Hon'ble ITAT held that amount to be taxed u/s23(1)(a) of the Act would be municipal ratable value 2 Anand Jain Brother 2009-10 2709/13 17.4.15 Central Garden Complex Vacant Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be held that municipal ratable value cannot be the basis for determination of deemed ALV. Accordingly, respectfully following the decisions of the Tribunal and also the principle laid down by the Hon'ble jurisdictional High Court, we decide this issue in favour of the assessee and accordingly, ground no. 2 & 3 are treated as allowed." Similarly in the asesee's wife's case this Tribunal by order dated 26.11.2014 in ITA No. 2118/M/2012 for assessment year 2009-10 held as under: "Briefly stated relevant facts of the case are that the assessee is an individual and filed the return showing the house property income on account of couple of properties ie., (i) Gala No.311 and (ii) Central Garden Complex. In the return of income, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Municipal Authorities is only one of the factors and same can be ignored if it does not reflect the true ALV. Ld DR relied on the order of the AO. On the other hand, Ld Counsel for the asssessee heavily relied on the order of the CIT(A) and reiterated the submissions made before the lower authorities. We have heard both the parties and perused the orders of the Revenue Authorities as well as the relevant material placed before us. On hearing both the 3 parties and on perusal of the orders of the Revenue Authorities, we find that the CIT (A) has rightly relied on the binding judgment of the Hon'ble jurisdictional High Court in the case of Smitaben N Ambani (supra). There are many other decisions from the jurisdictional High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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